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Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 6, 2023

CASE NO.: OLT-21-001332

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Birchcliff Developments Inc.

Subject: Application to Amend the Official Plan – Refusal to make a decision

Description: To permit the construction of a 279-unit, 9 storey mixed use development

Reference Number: 20 203471 ESC 20 OZ

Property Address: 1615-1641 Kingston Road and 50-52 Birchcliff Avenue

Municipality: Toronto

OLT Case No.: OLT-21-001332

OLT Lead Case No.: OLT-21-001332

OLT Case Name: Birchcliff Developments Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Birchcliff Developments Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of a 279-unit, 9 storey mixed use development

Reference Number: 20 203471 ESC 20 OZ

Property Address: 1615-1641 Kingston Road and 50-52 Birchcliff Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-21-001333

OLT Lead Case No.: OLT-21-001332

BEFORE:

“Hugh S. Wilkins” HUGH S. WILKINS VICE CHAIR

Wednesday, the 6th day of September, 2023

THESE MATTERS having come before the Tribunal (the “Tribunal”) for settlement hearings on October 24 and 31, 2022, and the Tribunal, in its decisions issued on December 30, 2022, having ordered that the Official Plan Amendment and the Zoning By-law Amendment are approved in principle, with the final order being withheld pending confirmation that enumerated pre-requisite conditions had been satisfied;

AND THE TRIBUNAL having been advised with confirmation from the City Solicitor that the pre-requisite conditions have been satisfied;

THE TRIBUNAL ORDERS that the Official Plan Amendment, set out in Attachment 1 to this Final Order, and the Zoning By-law Amendment, set out in Attachment 2 to this Final Order, are approved;

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT “1”

Authority: Ontario Land Tribunal Decision and Interim Order issued on December 30, 2022, and Ontario Land Tribunal Order issued on September 6, 2023, in OLT-21-001332

CITY OF TORONTO

BY-LAW -2023(OLT)

To adopt an amendment to the Official Plan for the City of Toronto with respect to lands known municipally in the year 2022 as 1615, 1617 and 1625-1641 Kingston Road and 50 and 52 Birchcliff Avenue.

Whereas the Ontario Land Tribunal pursuant to its Decision and Interim Order issued on December 30, 2022, and pursuant to the Ontario Land Tribunal Order issued on September 6, 2023, in file OLT-21-001332, upon hearing an appeal under Sections 22(7) and 34(11) of the Planning Act R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Official Plan for the City of Toronto with respect to lands municipally known in the year 2022 as 1615, 1617 and 1625-1641 Kingston Road and 50 and 52 Birchcliff Avenue; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

1. The text and map attached to Amendment 634 is hereby adopted as an amendment to the Official Plan for the City of Toronto.

Pursuant to the Decision and Interim Order of the Ontario Land Tribunal issued on December 30, 2022, and the Ontario Land Tribunal Order issued on September 6, 2023, in OLT-21-001332.

AMENDMENT 634 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 AS 1615-1641 KINGSTON ROAD AND 50-52 BIRCHCLIFF AVENUE

The Official Plan of the City of Toronto is amended as follows:

Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 819 for the lands known municipally in 2022 as 1615, 1617 and 1625-1641 Kingston Road and 50 and 52 Birchcliff Avenue, as follows:
1615-1641 Kingston Road and 50-52 Birchcliff Avenue
A mixed-use building with a maximum height of 9-storeys fronting onto Kingston Road within the Mixed Use Areas designated portion of the lands and a residential apartment building with a maximum height of 4-storeys fronting onto Birchcliff Avenue within the Neighbourhoods designated portion of the lands, are permitted.
The 4-storey residential building fronting onto Birchcliff Avenue within the Neighbourhoods designated portion of the lands and subject to this Site and Area Specific Policy shall not be considered when reviewing prevailing building type(s) or physical character of the geographic neighbourhood.
Vehicular access, loading, servicing, outdoor amenity, and at-grade and below-grade parking associated with the 9-storey building may be provided within the Neighbourhoods designated portion of the lands at 50-52 Birchcliff Avenue to allow for the comprehensive redevelopment of the site.
Map 34 – Site and Area Specific Policies, is amended by adding the lands municipally known in the year 2022 as 1615, 1617 and 1625-1641 Kingston Road and 50 and-52 Birchcliff Avenue as shown on the attached Schedule A.

Schedule A

ATTACHMENT “2”

Authority: Ontario Land Tribunal Decision and Interim Order issued on December 30, 2022, and Ontario Land Tribunal Order issued on September 6, 2023, in OLT-21-001332

CITY OF TORONTO

BY-LAW -2023(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 1615-1641 Kingston Road and 50-52 Birchcliff Avenue.

Whereas the Ontario Land Tribunal, in its Decision and Interim Order issued on December 30, 2022, and in its Order issued on September 6, 2023, in file OLT-21-001332, in hearing an appeal under Sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 1615-1641 Kingston Road and 50-52 Birchcliff Avenue; and

Whereas pursuant to Section 39 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law;

The Ontario Land Tribunal, by Order, amends Zoning By-law 569-2013 as follows:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by adding the lands municipally known in the year 2022 as 1615-1641 Kingston Road to the Zoning By-law Map in Section 990.10 and applying the following zone labels to these lands: CR 3.5 (c3.5, r3.5) SS2 (x887) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands municipally known in the year 2022 as 50 Birchcliff Avenue from a zone label of RD (f15.0)(x256) to a zone label of RM (x413) as shown on Diagram 2 attached to this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands municipally known in the year 2022 as 52 Birchcliff Avenue from a zone label of RD (f12.0)(x261) to a zone label of RM (x413) as shown on Diagram 2 attached to this By-law.

6. Zoning By-law 569-2013, as amended, is further amended by adding the lands municipally known in the year 2022 as 1615-1641 Kingston Road to the Policy Areas Overlay Map in Section 995.10.1, and applying no label.

7. Zoning By-law 569-2013, as amended, is further amended by adding the lands municipally known in the year 2022 as 1615-1641 Kingston Road to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 20, ST 6 as shown on Diagram 3 attached to this By-law.

8. Zoning By-law 569-2013, as amended, is further amended by adding the lands municipally known in the year 2022 as 1615-1641 Kingston Road to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.

9. Zoning By-law 569-2013, as amended, is further amended by adding the lands municipally known in the year 2022 as 1615-1641 Kingston Road to the Rooming House Overlay Map in Article 995.40.1, and applying no value.

10. Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.11.10 Exception Number 887 so that it reads:

(887) Exception CR 887

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On lands municipally known in the year 2022 as 1615-1641 Kingston Road, identified as Parcel A on Diagram 1 attached to By-law [Clerks to insert By-law Number], if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (MM) below;

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 135.30 metres and the elevation of the highest point of the building or structure;

(D) Despite Regulation 40.10.40.1(1), dwelling units and all other residential uses listed in regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), and areas ancillary to residential uses, such as lobby access and amenity space, may be located on the first storey of the building or above the Canadian Geodetic Datum of 131.90 metres;

(E) Regulation 40.10.40.1(6) regarding location of entrances when abutting residential does not apply;

(F) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 4 of By-law;

(G) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 2.7 metres;

(H) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is 9;

(i) For the purposes of this exception, an elevator overrun, elevator entrance, elevator lobby and stairs enclosure providing access to the rooftop amenity space or a level located below the Canadian Geodetic Datum elevation of 135.30 does not constitute a storey;

(I) Despite Regulations 40.5.40.10(3), (4), (5), (6), (7), and (8) and (F) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law #];

(i) equipment used for the functional operation of the building including electrical, utility, enclosed stairwells, roof access, elevator shafts and overruns, garbage chutes, maintenance equipment storage, solar panels and related equipment, antennae and satellite dishes, flight warning lights, site servicing features, vents, pipes, and mechanical (including ventilation, heating and cooling equipment and elevator machine room) by a maximum of 6.0 metres;

(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 6.0 metres;

(iii) architectural features (including architectural flutes and ornamental elements), parapets, and elements and structures associated with a roof or green roof, by a maximum of 3.0 metres;

(iv) building maintenance units, window washing equipment, by a maximum of 6.0 metres;

(v) landscaping features, including planters, seating areas, decorative screens, canopies, awnings, columns, pillars and fences, wheelchair ramps, art features, balustrades, eaves, roof drainage, lightning rods, light standards and fixtures, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres; and

(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

(J) Despite 40.5.40.10(5)(A), the total area of all equipment, structures, or parts of a building exceeding the permitted maximum height for a building may cover no more than 50 percent of the area of the roof, measured horizontally;

(K) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 18,225.0 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 18,000 square metres; and

(ii) the required minimum gross floor area for non-residential uses is 110 square metres;

(L) Despite Regulation 5.10.1.30(3), dwelling units may be located partially or entirely below the Canadian Geodetic Datum elevation of 135.30 metres;

(M) Despite Regulation 40.10.40.50(1), amenity space must be provided at the following rate:

(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;

(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(iii) no more than 25 percent of the outdoor component may be a green roof;

(N) Despite regulation 40.10.40.70(2) and 40.10.40.70(4), the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to supply By-law Number #];

(O) Regulations 40.10.40.60(9), 40.10.40.70(2)(E), 40.10.40.70(2)(F), and 40.10.40.70(2)(G), with respect to angular planes, do not apply;

(P) Despite regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number #];

(Q) Despite Clause 40.10.40.60 and (N) and (P) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) roof overhangs, balconies, balustrades, canopies, chimneys, cornices, eaves, guardrails, parapets, landscape and green roof elements, waste storage and loading space enclosures, lighting fixtures, ornamental elements, public art features, railings, window washing equipment, terraces, decorative architectural features, privacy screens, stair enclosures, stairs, trellises, underground garage ramps, vents, wheelchair ramps, wind mitigation features and windowsills to a maximum of 1.5 metres;

(R) Where a dwelling unit is located on the first storey and has direct access to a street, a home occupation is permitted subject to the following:

(i) despite Regulation 150.5.20.1(6), may have employees in the dwelling unit who are not the business operator;

(ii) for the purpose of this exception, is not required to be the principal residence of the business operator for the dwelling unit;

(iii) despite Regulations 150.5.20.1(1)(A),(B),(C) and (D), may:

(a) sell, rent or lease physical goods directly from the dwelling unit;

(b) be a personal service shop;

(c) be an office or medical office for a professional regulated under the College of Physicians and Surgeons of Ontario; and

(d) be an office or medical office for a professional regulated under the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended;

(iv) despite Regulation 150.5.20.1(2), may have clients or customers attending the premises for:

(a) consultations;

(b) receiving services; or

(v) despite Regulation 150.5.40.40, the floor area for a home occupation may not exceed 125 square metres;

(S) Despite Regulation 40.10.50.10(1), no landscaping is required on the lot;

(T) Despite Regulation 40.10.50.10(2), no fence is required to be installed along the portion of a lot line abutting a lot in the Residential Zone category or Residential Apartment Zone category;

(U) Despite Regulation 40.10.50.10(3), no strip of land used only for soft landscaping is required be provided along the part of a lot line abutting a lot in the Residential Zone category or Residential Apartment Zone category;

(V) Despite Regulation 40.10.90.10(1), a loading space may be located within a front yard, a side yard abutting a street or any side yard or rear yard that abuts a lot in the Residential Zone category;

(W) Regulation 40.10.90.40(2), related to vehicle access to a loading space, does not apply;

(X) Despite Regulation 40.10.100.10(2), vehicle access to a parking space may be over part of a lot in the Residential Zone category or Residential Apartment Zone category;

(Y) Article 200.25.15 and Clause 200.25.15.2 regarding transition requirements for parking space regulations do not apply;

(Z) Despite Regulation 200.5.1.10(2), a maximum of 15 percent of the required parking spaces on the lot may be obstructed as described in regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(AA) Regulation 200.5.1.10(12) regarding vehicle access to a building does not apply;

(BB) Despite regulation 200.5.1.10(2)(A), a maximum of 15 percent of the provided parking spaces on the lot may have the following minimum dimensions:

(i) width of 2.6 metres;

(ii) length of 5.4 metres; and

(iii) vertical clearance of 1.8 metres;

(CC) Despite regulation 200.5.10.1(1), Table 200.5.10.1, clause 200.15.10.5, Table 200.15.10.5 and clause 200.15.10.10, parking spaces must be provided in accordance with the following:

(i) a maximum rate of 0.7 residential occupant parking spaces for each bachelor dwelling unit up to 45 square metres;

(ii) a maximum rate of 1.0 residential occupant parking spaces for each bachelor dwelling unit greater than 45 square metres;

(iii) a maximum rate of 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

(iv) a maximum rate of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

(v) a maximum rate of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit;

(vi) a minimum of 2 parking spaces, plus 0.05 residential visitor parking spaces per dwelling unit, up to a maximum of 0.15 parking spaces per dwelling unit;

(vii) notwithstanding (i) to (vi) above, the total combined number of residential occupant or visitor parking spaces provided on the lot may not exceed 217; and

(viii) a minimum of 8 accessible parking spaces will be provided on the lands identified on Diagram 1 of By-law [Clerks to supply By-law #];

(DD) Despite regulation 200.15.1(4), a maximum of 50 percent of the accessible parking spaces provided on the lot may be located further than the closest parking spaces to a barrier free:

(i) entrance to a building;

(ii) passenger elevator that provides access to the first storey of the building; and

(iii) the shortest route from the required entrances in (i) and (ii);

(EE) Despite Regulation 220.5.10.1(2) and (3), one Type “G” loading space must be provided on the lot;

(FF) Despite regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;

(GG) Despite regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:

(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit;

(ii) 0.07 "short-term bicycle parking spaces for each dwelling unit; and

(iii) no "long term" bicycle parking spaces are required for non-residential uses;

(HH) Despite Regulation 230.5.1.10(4)(C), a stacked bicycle parking space must comply with the following:

(i) a minimum length of 1.8 metres;

(ii) a minimum width of 0.4 metres; and

(iii) a minimum vertical clearance from the ground of 1.2 metres;

(II) Despite regulation 230.40.1.20(2), a "short-term" bicycle parking space may be more than 30 metres from a pedestrian entrance to a building on the lot;

(JJ) Regulation 230.5.1.10(12) regarding requirements for bicycle maintenance facilities does not apply;

(KK) A portion of Parcel B as shown on Diagram 1 of By-law [Clerks to supply by-law #] may be used for parking spaces, bicycle parking spaces, loading spaces, pedestrian and vehicular access, waste and recyclable materials storage and amenity space to serve Parcel A as shown on Diagram 1 of By-law [Clerks to supply by-law #], provided that Parcel B complies with the requirements of Regulation 900.6.10(413);

(LL) Below grade elements of buildings or structures within Parcel B as shown on Diagram 1 of By-law [Clerks to supply by-law #] may be connected to buildings or structures within Parcel A as shown on Diagram 1 of By-law [Clerks to supply by-law #], provided that Parcel B complies with the requirements of Regulation 900.6.10(413);

(MM) Permitted encroachments and projections as set out in Regulation 900.11.10(887)(Q) of By-law [Clerks to supply by-law #] may project or encroach into the building setbacks required in Regulation 900.6.10(413)(J) for Parcel B as shown on Diagram 1 of By-law [Clerks to supply by-law #];

11. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.6.10 Exception Number RM 413 so that it reads:

(413) Exception RM 413

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On lands municipally known in the year 2022 as 50-52 Birchcliff Avenue, identified as Parcel B on Diagram 1 attached to By-law [Clerks to insert By-law Number #], if the requirements of By-law [Clerks to insert By-law number #] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (FF) below;

(B) Despite Regulation 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 132.00 metres and the elevation of the highest point of the building or structure;

(C) Despite regulations 10.80.40.10(1) and (3), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 4 of By-law [Clerks to insert By-law number #];

(D) Despite Regulations 10.5.40.10(2), (3) and (4), and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law number #]:

(i) equipment used for the functional operation of the building including electrical, utility, enclosed stairwells, roof access, elevator shafts and overruns, garbage chutes, maintenance equipment storage, solar panels and related equipment, antennae and satellite dishes, flight warning lights, site servicing features, vents, pipes, and mechanical, including ventilation, heating and cooling equipment and elevator machine room by a maximum of 6.0 metres;

(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 6.0 metres;

(iii) architectural features (including architectural flutes and ornamental elements), parapets, and elements and structures associated with a roof or green roof, by a maximum of 3.0 metres;

(iv) building maintenance units, window washing equipment, by a maximum of 6.0 metres;

(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

(E) Despite Regulation 10.80.40.10(3), the permitted maximum number of storeys is four;

(F) Despite Regulation 10.80.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 2,500 square metres, of which the required minimum gross floor area for residential uses is 2,210 square metres;

(G) Despite Regulation 5.10.1.30(3), dwelling units may be located partially below the Canadian Geodetic Datum elevation of 132.00 metres;

(H) Regulation 10.5.40.10(4) regarding horizontal limits on elements for the functional operation of a building does not apply;

(I) Amenity space must be provided at the following rate:

(i) at least 1.5 square metres for each dwelling unit as indoor amenity space;

(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit;

(iii) Outdoor amenity space on Parcel 2 as shown on Diagram 1 of By-law [Clerks to insert By-law number #] may be available for the use by the occupants and visitors of a building within Parcel By-law [Clerks to insert By-law number #] for recreational and social activities; and

(iv) Outdoor amenity space is not required to be located contiguously with indoor amenity space;

(J) Despite Clauses 10.5.40.70 and 10.80.40.70, the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number #];

(K) Despite Clause 10.80.40.80, the required minimum above-ground separation distance between any main wall of a building on Parcel A and any main wall of a building on Parcel B is as shown in metres on Diagram 4 of By-law [Clerks to supply By law Number #];

(L) Despite Clauses 10.5.40.60, 10.5.40.50 and (K) above, the following building elements and structures are permitted to encroach into the required building setbacks as follows:

(M) Regulation 10.80.40.30(1), with respect to maximum building depth, does not apply;

(N) Despite Regulation 10.5.50.10(4), a lot with an apartment building must have:

(i) A minimum of 30 percent of the area of the lot for landscaping; and

(ii) A minimum of 30 percent of the landscaping area required in (i) above must be soft landscaping;

(O) Despite Regulation 10.5.50.10(5), no soft landscaping strip is required along any part of a lot line abutting another lot in the Residential Zone category;

(P) Despite Clause 10.80.30.40, the permitted maximum lot coverage, as a percentage of the lot area, is 50 percent;

(Q) Regulation 10.5.100.1(4), with respect to the maximum width of a driveway does not apply;

(R) Regulation 10.5.80.1(2) regarding ancillary outdoor areas used for parking does not apply;

(S) Clauses 10.5.80.10 and 10.5.80.30 regarding the location of parking spaces do not apply;

(T) Regulation 10.5.100.1(5), with respect to driveway access to an apartment building, does not apply;

(U) Regulation 10.5.150.1(1), with respect to waste and recyclable material storage, does not apply;

(V) Article 200.25.15 and Clause 200.25.15.2 regarding transition requirements for parking space regulations do not apply;

(W) Despite Regulation 200.5.1.10(2), a maximum of 15 percent of the required parking spaces may be obstructed as described in regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(X) Regulation 200.15.1(4) and 200.15.10.5(1), with respect to the location of accessible parking spaces do not apply to a building on Parcel B as shown on Diagram 4 of By-law [Clerks to supply by-law #] provided the requirements of Regulation 900.11.10(887)(CC) are complied with;

(Y) Regulation 220.5.10.1(2) with respect to loading spaces does not apply to a building on Parcel B as shown on Diagram 4 of By-law [Clerks to supply by-law #] provided the requirements of Regulation 900.11.10(887)(EE) of By-law [Clerks to supply by-law #] are complied with;

(Z) Despite regulation 230.10.1.20(2), a "short-term" bicycle parking space may be more than 30 metres from a pedestrian entrance to a building on the lot;

(AA) Regulation 230.5.1.10(12) regarding requirements for bicycle maintenance facilities does not apply;

(BB) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, 13 parking spaces must be provided;

(CC) Despite regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:

(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit; and

(ii) 0.07 "short-term bicycle parking spaces for each dwelling unit;

(DD) Despite Regulation 230.5.1.10(4), a bicycle parking space must comply with the following:

(i) the minimum dimension of a bicycle parking space is:

(a) a minimum length of 1.8 metres;

(b) a minimum width of 0.6 metres; and

(ii) the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is:

(a) a minimum length or vertical clearance of 1.9 metres;

(b) a minimum width of 0.6 metres; and

(iii) for a stacked bicycle parking space, the minimum vertical clearance for each bicycle parking space is 1.2 metres and the minimum width for each bicycle parking space is 0.4 metres;

(EE) A portion of Parcel A as shown on Diagram 1 of By-law [Clerks to supply by-law #] may be used for parking spaces, bicycle parking spaces, loading spaces, pedestrian and vehicular access, waste and recyclable materials storage and amenity space to serve Parcel B as shown on Diagram 1 of By-law [Clerks to supply by-law #], provided that Parcel A complies with the requirements of Regulation 900.11.10(887);

(FF) Below grade elements of buildings or structures within Parcel A as shown on Diagram 1 of By-law [Clerks to supply by-law #] may be connected to buildings or structures within Parcel B as shown on Diagram 1 of By-law [Clerks to supply by-law #], provided that Parcel A complies with the requirements of Regulation 900.11.10(887);

Prevailing By-laws and Prevailing Sections: (None apply).

12. Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.

13. Temporary use(s):

None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a retail store and/or office on the the lands municipally known in the year 2022 as 1615-1641 Kingston Road and 50-52 Birchcliff Avenue for the purpose of sales and leasing of dwelling units or construction management, for a period of not more than 3 years from the date this By-law comes into full force and effect.

Pursuant to the Decision and Interim Order of the Ontario Land Tribunal issued on December 30, 2022, and the Ontario Land Tribunal Order issued on September 6, 2023, in OLT-21-001332.

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Birchcliff Developments Inc. v. Toronto (City), 2023 CanLII 83043

Case Summary

Ontario Land Tribunal

ATTACHMENT “1”

ATTACHMENT “2”

Birchcliff Developments Inc. v. Toronto (City), 2023 CanLII 83043

Case Summary

Ontario Land Tribunal

ATTACHMENT “1”

ATTACHMENT “2”